Sentencing Act 2020

Special custodial sentences for offenders of particular concern: armed forces

16 (1) This paragraph applies where—

(a) the Court Martial is dealing with an offender for two or more associated offences, within the meaning given by section 400,

(b) the offences include one that corresponds to an offence that is listed in Schedule 13 (or Schedule 18A to the Criminal Justice Act 2003) (a “listed offence”), and

(c) the offender was convicted of at least one of the offences before the commencement date and convicted of at least one of them on or after that date.

(2) Where the offender was convicted of the listed offence on or after the commencement date, the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 266 or 279 of the Sentencing Code includes a reference to an extended sentence under section 226A of the Criminal Justice Act 2003.

(3) Where the offender was convicted of the listed offence before the commencement date, the reference in section 224A(1)(d)(ii) of the Armed Forces Act 2006 to an extended sentence under section 226A of the 2003 Act includes a reference to an extended sentence under section 266 or 279 of the Sentencing Code.